Anyone facing criminal charges in Los Angeles or Orange County must navigate a series of legal procedures before their case ever reaches trial. From the moment a warrant is issued to the pretrial motions that can make or break the government’s case, understanding each step of the criminal process empowers defendants to make informed decisions. This guide provides an overview tailored to Southern California, explaining how arrest warrants are issued, how bail hearings work, what happens at arraignment and preliminary hearings, and how common motions—such as motions to suppress or speedy‑trial motions—play a role in the criminal justice system. Throughout the article, we use terms like Los Angeles criminal defense attorney and Orange County bail hearing to emphasize local distinctions and to optimize the article for search engines while preserving readability.
An arrest warrant is a court order authorizing law enforcement to take someone into custody. In California, a judge issues an arrest warrant after law enforcement presents evidence that a crime occurred and the person named in the warrant likely committed it. Police can then go to the person’s home or workplace to arrest them. Once an arrest warrant is issued, the judge may set a significant bail amount to ensure the defendant returns to court. In some serious cases, bail may be denied entirely.
A bench warrant is issued when someone fails to appear in court as ordered. If a defendant misses a scheduled hearing—whether for arraignment, a progress report or a probation violation—the judge can issue a bench warrant. Bench warrants also apply to witnesses ordered to testify. When a bench warrant is active, law enforcement must arrest the individual and bring them before a judge. Their driver’s license may be suspended, and even a routine traffic stop can result in immediate arrest.
If you discover a warrant exists for your arrest or failure to appear, contact a Los Angeles criminal defense attorney immediately. An experienced lawyer can request that the warrant be recalled and argue for release on one’s own recognizance, potentially avoiding jail time. In many cases, it is possible to appear voluntarily in court with counsel rather than waiting to be arrested.
Once a person is arrested, the next question is whether they can remain out of custody while the case proceeds. At the arraignment—usually the first court date—the judge informs the defendant of the charges and reviews their constitutional rightsselfhelp.courts.ca.gov. If the defendant is in jail, the judge then decides whether to release them on their own recognizance (OR), impose conditions like home detention or electronic monitoring, set bail, or order the defendant to remain in custodyselfhelp.courts.ca.gov.
In Los Angeles and Orange County, judges consider several factors when setting bail or granting OR release:
California uses bail schedules to suggest standard amounts based on the charged offense. However, judges in Los Angeles and Orange County can deviate up or down after hearing arguments from prosecutors and defense counsel. A criminal process Los Angeles attorney will present evidence at the bail hearing to demonstrate that the defendant is not a flight risk and poses no danger, sometimes requesting an OR release or reduced bail.
The arraignment is the defendant’s first formal appearance in court. At this hearing, the judge advises the defendant of the charges and their rights, including the right to counsel, the right to remain silent, and the right to a speedy trial. If the defendant cannot afford a lawyer, the court appoints one. Defendants who do not understand English are provided an interpreter.
During the arraignment, the defendant enters a plea—usually “not guilty,” though some may plead guilty or no contest after negotiating a resolution with the prosecutor. After the plea, the judge sets future court dates: a pretrial conference for misdemeanors or a preliminary hearing for felonies. Defendants in custody must receive a trial within 30 days of arraignment if charged with a misdemeanor or within 60 days if charged with a felony, unless they waive their speedy‑trial rights.
In felony cases, the next major step after arraignment is the preliminary hearing. The purpose is for a judge to decide whether enough evidence exists to hold the defendant for trial. The prosecution presents its key witnesses, and the defense may cross‑examine them. Although the defense can present evidence, preliminary hearings are usually dominated by the prosecution’s case. At the end of the hearing, the judge rules on whether to hold the defendant to answer and, if so, which charges the prosecution may include in the formal information.
For defendants in Los Angeles arraignment courts or preliminary hearing Orange County venues, these hearings also offer an early opportunity to file certain motions—such as motions to suppress evidence, as explained below.
A motion to suppress asks the judge to exclude evidence obtained in violation of the defendant’s constitutional rights. For example, if police searched a home without a warrant or proper consent, the defense can file a motion to suppress; if granted, the prosecutor may not use the seized evidence at trial. California courts hold hearings on motions to suppress where the officer testifies and the judge decides whether the search was lawful.
Successful motions to suppress can dramatically weaken the prosecution’s case. In Los Angeles and Orange County, common grounds include illegal traffic stops, warrantless searches of vehicles or homes, or violations of Miranda rights. A motion to suppress California can be filed before the preliminary hearing or at the hearing itself. If granted, the charges may be reduced or dismissed.
Defendants have a constitutional right to a speedy trial. When the government delays prosecution without justification, the defense may file a motion to dismiss based on a speedy‑trial violation—often called a Serna motion. The California Supreme Court held in Serna v. Superior Court that an unjustified delay can violate a defendant’s rights and require dismissal. For misdemeanors, speedy‑trial rights begin when charges are filed or the defendant is arrested and subject to bail or travel restrictions. For felonies, they begin when the complaint is filed, after a preliminary hearing, or upon indictment.
Courts consider factors such as the length of the delay, reasons for the delay, whether the defendant asserted their speedy‑trial rights and any prejudice suffered. In Los Angeles and Orange County, Serna motions are often filed when arrest warrants sit unserved for years, or when prosecutors delay filing charges while evidence goes stale. If granted, the case is dismissed. If denied, the defense can still argue prejudice at trial.
After the preliminary hearing, the defense can file a motion to dismiss the information under Penal Code § 995. This motion argues that the magistrate erred in holding the defendant to answer on one or more charges because the evidence presented at the preliminary hearing was insufficient. A successful § 995 motion results in dismissal of the unsupported charges. While there is no single citation for this general principle, California case law recognizes § 995 motions as a vital tool for eliminating weak counts before trial.
If the defendant faces multiple charges or co‑defendants, the defense may move to sever counts or defendants to avoid unfair prejudice. Conversely, prosecutors may move to join charges to streamline trials. Judges in Los Angeles and Orange County weigh judicial economy against potential prejudice when ruling on these motions.
Under California’s Three‑Strikes law, prior felony convictions can dramatically increase potential sentences. A motion to strike a prior conviction—often called a “Romero motion,” after People v. Superior Court (Romero)—asks the judge to dismiss a strike in the interests of justice. Although not limited to Los Angeles, these motions can have a profound impact on sentencing outcomes in Southern California courts.
During the pretrial period, prosecutors and defense lawyers exchange information through discovery. The prosecution must provide all evidence it plans to use at trial as well as any exculpatory evidence that might help the defense. Defendants’ attorneys must disclose witness lists and certain reports in advance. Pretrial conferences offer opportunities to negotiate plea agreements or diversion programs; victims may request to be notified of any agreements.
Criminal procedures in Los Angeles and Orange County are complex. Navigating warrants, bail hearings, arraignments, preliminary hearings and pretrial motions requires an in‑depth understanding of California law and local court practices. A seasoned Los Angeles criminal defense attorney or Orange County bail hearing lawyer can:
Local attorneys also understand county‑specific practices—such as how bail schedules are applied in different courthouses or which judges are more receptive to particular motions. Their relationships with prosecutors can facilitate negotiations for reduced charges or diversion programs. If you face criminal charges, consulting a Los Angeles criminal defense attorney or criminal process Los Angeles specialist early in the process maximizes your options.
The criminal process in Southern California involves a series of interconnected steps: warrants bring people into the system; bail hearings determine whether they await trial in or out of custody; arraignments inform defendants of the charges and their rights; preliminary hearings test the evidence; and pretrial motions like motions to suppress or Serna motions can shape the entire case. Because each phase can significantly impact the outcome, defendants should seek experienced legal representation and understand their rights. By working closely with a local attorney and staying informed, individuals can navigate the criminal process effectively and protect their future